Good morning,
There is a plethora of information for you today. Please take the time to look at each item.
Candidate Statements for the office of Middle School East: Please find attached the candidate statements for the special election of Middle School Officer. ONLY middle school members will vote on this position. The election will occur on February 15, 2022.Candidate Statements for the February 15
Special Ed Grievance: The special ed grievance G2122-02 was denied by the district at Level 3. Once a grievance is denied at this level, it then goes to the Grievance committee for review and vote on whether to take the grievance to arbitration. Part of this process is seeking PSEA legal counsel for advisement on the merit of the grievance. Legal will look in to case law and precedent setting rulings when advising a local on the merit of a grievance. Case law presented by PSEA legal included but was not limited to:
If a party attempts, but fails, in contract negotiations, to include a specific provision in the agreement, arbitrators will hesitate to read such provision into the agreement through the process of interpretation. See Columbia Hosp. for Women Med. Ctr., 113 LA 980 (Hockenberry, 1999); People’s Gas Light & Coke Co., 109 LA 1133 (Bethel, 1998); Jostens Printing & Publ’g Div., 107 LA 505 (Berger, 1996). In a nutshell, a party may not obtain “through arbitration what it could not acquire through negotiation.” U.S. Postal Serv. v. Postal Workers, 204 F.3d 523, 530, 163 LRRM 2577 (4th Cir. 2000). One arbitrator explained that “there is hazard” in making a specific contract demand in negotiations: If the provision gets caught up in a grievance, the Party who proffers the language will have to bear the burden of demonstrating in a later arbitration proceeding that its omission ought not to be given its normal significance. Normally, of course, the plain interference of the omission is that the intent to reject prevailed over the intent to include. Progress-Bulletin Publ’g Co., 47 LA 1075, 1077 (Jones, Jr., Levin, Whaley, Edwards & Nevins, 1966) See also Hillboro Newspaper Printing Co., 48 LA 1304,1319 (Jones, Jr., 9167).
On February 2, 2022 the denial and legal counsel was presented to the grievance committee. Thorough discussion did occur and a secret ballot vote was held. The grievance committee voted 6-2 in favor of NOT proceeding to arbitration. Attached you will find the grievance and denial. response to grievance (1)
February 14-17: This August I almost lost my 12 year old son, he has had ongoing health issues so I will be in the hospital with him the week of February 14th. Lindsay Evans will be covering the REA office and will have the office phone (610-374-7101). You may email her at reagrievance@readingea.com.
Petition for the removal of President: As I am sure many of you are aware, there have been 2 petitions for the removal of me from the office of president. The original petition presented in December did not meet the threshold of 25% of the membership once signatures were verified. The petition in December had a lengthy statement of charges. Attached you will find my rebuttal to each of the charges listed in RED. A second petition was presented at the February Rep council meeting. While signatures are still being verified, I respectfully requested that a vote be held regardless if the percentage fell below 25%. Rep council unanimously voted to honor my request. I am attaching a copy of this petition as well. A vote will be held for my removal on February 15 in each building by paper ballot. IF the vote would pass and I would be removed, there will NOT be an election for my position until our regularly scheduled election in May 2023. The position will default to Lindsay Evans, REA Grievance Chair and Vice President. Should Lindsay be unable or unwilling to fill the position, there are specific qualifications that must be met and Executive board will use those in appointing a new president. Please understand that this will take time and will leave our membership without a leader. This is found on page 3, Article XII of the REA Constitution. I am also attaching a copy for your reference. Finally, I welcome any and all questions you may have. Please refrain from using district email, you may email me from your home address to president@readingea.com or call the office 610-374-7101.Copy of Copy of petition with rebuttal
Feb. petition with signature pages 2.docx
REA mourns the passing of Melissa Ebling, NWMS special education teacher.
Be Well,
Rebecca